The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-27

pipes, conduits, ETC., 10 be laid on tn,
Streets; and
WHERRAs, In the opinion OF tn,
Legislative Council Of the District, tn,
public interests will be served By
granting such consent;
The Taxing District gives It's per
mission, 90 far as II can lawfully do so
to said company for the use OF sale
streets, alleys, ETC., for the laying o
pipes, making necessary connections
and doing other necessary acts for tn,
sale and distribution OF illuminatin,
and heating gas TO the inhabitants o
the Taxing District and the Distrlc
itself upon the following terms snt
and conditions, which are to be oblig
atory upon both sides:
l. Said company obligates itself Il
construct works and lay pipes with
capacity to supply the Taxing District
and oil it's inhabitants with gas within
the time hereinafter specified. aud Il
maintain and operate the same durinl
the life Of its charter.
2. The gas supplied shall be o.
twenty five candle power, and as free
from impurities and elements preju'
dicial TO health as that now and here
tofore supplied to the District and II,
inhabitants.
8. The price to bs charged therefor
shall not exceed 81 rs per 1000 cubic
feet, II paid within five days OF the
maturity OF the bill, and So per 1000
II paid after the lapse Of the Ave days.
But neither this clause, nor anything
else In this contract, is to affect such
existing power as the State now has,
directly or through the medium Of the
Taxing District government, to regu.
late and control gas companies and the
price Of gas.
4. No sale, co nbination, agreement
or bargain shall be made by said com.
pany with any other company or per.
son which shall have the effect TO pre-.
vent the erection and maintenance oil
the works, or to evade or defeat the
faithful performance OF the stipula.
tions OF this contract a. TO the furnish.
ing OF gas, the price to be charged and
the quality OF gas 10 be furnished, and
said company shall not In snywise de-
feat these provisions by the failure to
erect, or by the non.use or abandon.
ment Of Its works and franchises.
Nor shall said company or its mem.
bere. by any sort OF means, direct
or indirect, do any act or thing by
which Its management or control
shall be turned over 10 or consolidated
with the Memphis Gaslight Company,
or do any act or thing the effect OF
which shall be TO deprive the district
and Its inhabitants OF competition In
the business OF furnishing gas, the 90.
curing OF such competition being the
leading inducement TO the district TO
make this contract. And In the event
said company or Its members should
violate any OF the provisions Of this
contract, then II shall be bound end
obliged 70 pay 10 the Taxing District,
an hquidaled damages, the cum Of $50.
900 Tor the breach Of any one Of said
provisions for the use OF ths lighting
department OF the Taxing District, the
eaid sum TO be a charge and lien upon
the works aud franchiles Of said com.
pany, and shall authorize the Taxirg
District to eelzs sid works and fran.
chiees, OF 10 have receiver appointed
TO take charge OF and hold the same
until full payment OF said sum OF $780,.
0C0 ehall be made, payment being the
only way Of obtsinipg the release and
restitution oil possession 10 said CON-
pany OF said works and franchises.
b. No authority 10 granted, or at.
tempted 10 be granted, by the contract
which shall enable said company 10
do any act not authorised by its char.
ter or The Law OF the land, or 10 uss
the streets 90 % 10 be q nulsancs or 10
commit any nuisance whatever, save
what may be unavoidable In the
proper construction Of the works, and
the sale Of gas OF the character and de.
scriptlon named In this contract.
o. The opening Of all streets, alleys
etc, Tor laying pipes and making con.
nections, shall DO under the direction
and permit Of the Taxing District en-.
eineer. The streets, alleys, ETC., shall
remain open only 20 long a. is una.
voidably Necessary for such purposes,
and they thal. In al oasss, be relGid
and repaired In such manner A. to
make the same. In the opinion OF the
district engineers, In all respects az
good ~ bsioie they were opened by
the company, and In the event the
company should replace and repair
any street or other public place In such
manner that, In the opinion OF said
engineers, II IL not as good as before
being disturbed by said company, then
such engineer may Gt once employ
labor and supply materials, and Rave
DC zane properly done, and the cost
mereior shall be q debt asaintt the
taid company. In all respects like debts
which II Voluntarily contracts.
Within seventy days after the fnal
execution and delivery OF this con.
hact the said company shall be ain the
erection Of iis works and laying It's
pipes, which u 10 believed by eaid
company II can complete within ten
months from suCh date. but un.
foreseen accidents or difficulties NAV
possibly arise which would postpone
complete construction for q longer
time, and therefore II engages posi-
lively 10 complete the erection Of lie
works and laying lie mains and con.
duits sufficient 10 supply all the PEG.
pie OF the city In not exceeding TWEEN.
ty-hye months from said date. Bat II
epIolned by q rival company, the time
Of such Injunction 10 be excluded,
and as q susrantylior the beginning
and completion OF raid works In the
time named, and % earnest OF lie good
faith, said company gives bond with
approved security OF sven date here.
with In the sum Of $4,000 as LIQUID.
ated damages conditioned for the
faithful compliance by Il with all the
s,ipulstlons OF thls contract.
8. Tho works Tor manuiao turing,
storing, reservoir, etc, purposes shall
be located only nj such point az shall
be approved by the Disirlc: Board Of
Health.
. The Taxing District reserves the
right 10 exerclssal police powers and
powers Of regulation now fiehtlully